Welch v. Mayor of New York
New York Court of Common Pleas
Motion to vacate an order to continue a mechanic’s lien. This was a proceeding to foreclose a mechanic’s lien effected upon Ward School Humber Eight, in the city of Hew York, on the 14th day of June, 1864, to which The Mayor, &c., The Board of Education, and other parties having liens, were made parties.
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Motion to vacate an order to continue a mechanic’s lien. This was a proceeding to foreclose a mechanic’s lien effected upon Ward School Humber Eight, in the city of Hew York, on the 14th day of June, 1864, to which The Mayor, &c., The Board of Education, and other parties having liens, were made parties. A notice to appear at chambers on June 26, and submit to an accounting, was served upon these parties on the 12th and 13th June; and on June 14, on proof of service thereof, and an affidavit of the plaintiff’s attorney that no notice of appearance or of claim had been served upon him, and…
1Opinion of the CourtCardozo, J.
Although the lien is to be discharged of record only in the manner stated in section 10, yet by section 11 it . absolutely ceases after one year, unless continued by Order of the court. The fact that suit has been commenced will not keep the lien alive after the expiration of one year, but can only be effected by an order pursuant to section 11. I think it not going too far to hold that when the lienor has in good faith commenced proceedings to enforce his lien, an order ought, unless under very special circumstances, always to be made to continue the lien, so that he may not be prejudiced by…
2Cited by5 opinions
- Darrow v. . MorganNew York Court of Appeals · 1875
- Stone v. SmithNew York Court of Common Pleas · 1870
- Mathews v. DaleyNew York Court of Common Pleas · 1870
- Poerschke v. KedenburgNew York Court of Common Pleas · 1869
- Mathews v. DaleyNew York Court of Common Pleas · 1869